P.R. Laws tit. 21, § 5808

2019-02-20 00:00:00+00
§ 5808. Executive Director—Faculties and duties

The Executive Director shall have the following faculties and duties, among others:

(a) Determine, after the approval of the Board, the internal organization of the Center and establish the systems that are necessary for its adequate functioning and operation, as well as to carry out the administrative and management actions needed to enforce §§ 5801–5820 of this title and any other acts, regulations or programs under the responsibility of the Center.

(b) Appoint the personnel that is needed to carry out the goals and purposes of the Center, according to the classification and retribution plan adopted by the Board.

(c) Contract the professional and technical services that are needed to comply with the functions of the Center and the Board. When the fees, compensation or remuneration exceed thirty-six thousand dollars ($36,000) per year, the Executive Director must obtain the approval of the Board.

(d) Delegate on officials and employees of the Center any of his functions, duties and responsibilities, except making appointments, entering into contracts and authorizing advances of funds to the municipalities.

(e) Appoint examining officials to officiate administrative hearings, who shall exercise their functions pursuant to the norms and procedures established by the Board through regulations.

(f) Request and obtain cooperation from any other public agency or municipality with regard to the use of office space, equipment, supplies, personnel and others.

(g) Acquire the supplies, goods and equipment needed for the Center’s operation and functioning, subject to that which is provided in §§ 5801–5820 of this title.

(h) Prepare and administrate the budget of income and expenses of the Center according to the regulations adopted by the Board. To that respect, he shall annually submit to the Board a report of the expenses incurred and of remainders, if any, during the corresponding fiscal year, and a budget proposal for the following fiscal year.

(i) Establish the accounting systems needed for the registry and control of all revenues and disbursements made by the Center and for the adequate control of all its fiscal operations, after the approval by the Board. The Comptroller of Puerto Rico shall supervise all revenues, accounts and disbursements of the Center.

(j) Adopt regulations for the use, control, preservation and disposal of the Center’s property, with the approval of the Board.

(k) Formalize agreements and enter into covenants or contracts to carry out and comply with the purposes of this chapter or any other act whose implementation and execution is delegated to the Center, subject to the norms and regulations approved by the Board.

(l) Authorize and grant funds advances to the municipalities for future taxes, pursuant to the norms provided by the Board.

(m) Present any legal remedies that are needed to enforce §§ 5801–5820 of this title and any other acts, regulations or programs under the responsibility of the Center.

(n) Inspect every type of files and documents related to his functions and duties, provided that no information of confidential nature that is entrusted to him be disclosed, unless it is expressly authorized by the person who offered it or is required by a competent authority.

(o) Take oaths and certify statements, returns or other documents.

(p) Maintain a data bank or system on the properties of each municipality.

(q) Mandatory obligation to provide the municipalities at least once a year with all the data and reports with respect to its municipality that would allow evaluating their correctness and that foster efficient municipal administration.

(r) Submit to the Board at each meeting a report on the administrative and management matters considered and taken care of by him since the last meeting and on the result of the tasks ordered by the Board.

(s) Submit annual financial reports certified by an authorized public accountant no later than six (6) months following the end of each fiscal year, and an annual report describing all the activities, achievements and plans of the Center.

(t) Preserve and custody all files, registers, records and other documents under his power, pursuant to the provisions of §§ 1001 et seq. of Title 3 known as “Public Documents Preservation Act”.

(u) Carry out all the tasks, efforts and functions delegated to him by the Board or that are provided by law, and carry out all those actions necessary and pertinent for the efficient achievement of his task.

(v) Submit annually to the municipalities copies of the audited financial statements together with the results of the analysis, audit and certification of the annual liquidations of the respective remittances of the Center to the municipality in question conducted by the contracted external auditor(s).

(w) Negotiate with any insurance company, duly authorized to do business in Puerto Rico and certified by the Office of the Insurance Commissioner of the Commonwealth of Puerto Rico, insurance policies and surety bonds as are necessary to conduct the operations and activities of the Center, including health insurance for the employees thereof. Prior to exercising said power of negotiation, the Governing Board of the Center shall approve a Resolution whereby it shall establish the requirements and conditions to be met in order to negotiate and enter into contracts with said insurers, including the available human and economic resources.

Once the Resolution is approved, it shall be notified within thirty (30) days to the Department of the Treasury, the Insurance Commissioner, and the Comptroller of Puerto Rico.

History —Aug. 30, 1991, No. 80, § 9; July 31, 1992, No. 42, § 2; Aug. 15, 2001, No. 104, § 2; Dec. 14, 2015, No. 214, § 3.