P.R. Laws tit. 23, § 334

2019-02-20 00:00:00+00
§ 334. Executive powers

The Ports Authority shall be governed by a Board of Directors composed of the Secretary of Transportation and Public Works, the Economic Development Administrator, the Secretary of Commerce, the Executive Director of the Tourism Company and one private citizen representing the public interest. The latter shall be appointed by the Governor with the advice and consent of the Senate for a term of four (4) years, and until his successor is designated. Subject to prior filing of charges, notice and hearing, the Governor may remove the representative of the public interest from office for negligence in the performance of his/her duties, conviction of a felony or a misdemeanor that implies moral turpitude, repeated and unjustified absences from Board meetings, conflicts of interest or total and permanent disability to perform the functions of the office. A vacancy of the member representing the public interest that arises before the term expires, shall be filled through a new appointment for the unexpired term. The Governor shall fill the vacancy of the member representing the public interest within a period that shall not exceed sixty (60) days, after it has occurred. A majority of the members of the Board of Directors shall constitute a quorum for all purposes and its agreements shall be by a majority of those present.

The member of the Board that represents the public interest shall be entitled to receive compensation of fifty dollars ($50) per day, or fraction thereof, that he attends a duly summoned meeting.

The Secretary of Transportation and Public Works shall be the Chairperson of the Board. The Board of Directors shall elect the other officers that it deems are needed from among its members. It shall meet at least once a month in a regular meeting, and may meet as many times as it deems pertinent in special meetings upon prior summons by the Chairperson.

In exceptional cases or those of force majeure, the Economic Development Administrator, the Secretary of Commerce and the Executive Director of the Tourism Company may delegate their representation on the Sub-Administrator of Economic Development, the Under-Secretary of Commerce and the Sub-Director of the Tourism Company, respectively. In no case should the absences of the agency chiefs who compose the Board exceed four (4) times a year.

Provided That, no person who has an indirect or direct economic interest in any private industry engaged in the transportation business or in any business whose primary activities are auxiliary to the same, may hold office as a Board member. When such incompatibility affects a Board member other than the representative of the public interest, the vacancy so created shall be filled for the duration of such incompatibility, by the official that is next in hierarchy in that agency. The above shall not constitute a limitation to the Governor’s power to remove the public interest representative from office, subject to the causes established in this section.

The Board created by virtue of §§ 331—352 of this title shall have, without its being construed as a limitation, the following duties and faculties:

(a) To establish the general policy to comply with the objectives of §§ 331—352 of this title.

(b) To authorize the Authority’s annual working plan and budget.

(c) To appoint the Authority’s Executive Director, establish his/her duties in harmony with what is provided by §§ 331—352 of this title, and fix his/her compensation.

(d) To adopt and approve regulations that govern its internal operation, as well as those that are needed to carry out the faculties and powers that have been conferred to it by §§ 331—352 of this title.

(e) To require any reports and statistical data that it deems necessary from the Executive Director or any other official or employee of the Authority.

(f) Delegate on the Executive Director whatever powers and faculties are needed to carry out the objectives provided by §§ 331—352 of this title.

(g) To perform any act that is convenient or necessary in order to carry out the objectives provided in §§ 331—352 of this title.

History —May 7, 1942, No. 125, p. 710, § 4; May 14, 1952, No. 463, p. 976, § 3; Aug. 17, 1989, No. 65, p. 270, § 3, eff. 90 days after Aug. 17, 1989.