P.R. Laws tit. 27, § 436
The members of the Board and the Executive Director shall not be liable for any monetary claim, whether of civil or administrative nature, which is filed after the approval of this act, which arises from any act or omission on their part regarding the sale transaction authorized by this chapter, provided said actions or omissions have occurred in good faith and there is no conduct which constitutes an offense, gross negligence or is contrary to law.
In the event a civil or administrative cause of action is filed against any of the members of the Board or the Executive Director which arises from any act or omission by them related to the sale transaction authorized by this chapter, the members of the Board and the Executive Director may request to be represented and compensated by the Authority for all defense expenses and any payment that is imposed through judgment, and should the latter lack the funds, by the Commonwealth pursuant to the provisions of this section.
The members of the Board and the Executive Director may choose to be represented by counsel in private practice recommended by them, after being authorized by the Secretary of Justice, or directly by the Department of Justice. If they are represented by counsel in private practice, the Authority or the Commonwealth, should the former lack the funds, shall defray all reasonable costs of said legal representation. The Authority or the Commonwealth, as the case may be, shall recover the expenses, costs and attorney fees, and the amounts thus recovered shall be covered into the funds of the Authority, or if the expenses were defrayed by the Commonwealth, into the General Fund of the Commonwealth.
When two (2) or more members of the Board or the Executive Director are sued or are subject to a monetary claim through an administrative procedure in the same case, and they have conflicting interests, the Secretary of Justice may authorize that each one of them be represented by different counsel in private practice, which shall be defrayed by the Authority, or should it lack funds therefor, by the Commonwealth pursuant to the provisions of this section.
The Commonwealth guarantees the payment of all compensation to be granted under this section. If at any time, the revenues, income or any other available funds of the Authority were not sufficient to pay said compensation or if these funds are nonexistent due to the sale of the assets of the Authority, the Secretary of the Treasury shall withdraw from any available funds in the Commonwealth Treasury those sums needed to cover the deficiencies in the amount required to pay said compensation, and shall direct that the sums thus withdrawn be used for such purposes.
This section shall continue in effect after the sale of the assets of the Authority.
History —Aug. 4, 1997, No. 54, § 7.