(a) The Authority shall be directed by a Board of Directors constituted by the Secretary of Economic Development and Commerce, who shall be the Chairperson, two persons designated by the Mayor of the Municipality of Ceiba, a person designated by the Mayor of the Municipality of Naguabo, a person designated by the President of the Senate, a person designated by the Speaker of the House of Representatives and three persons designated by the Governor.
The persons designated by the Governor, by the Mayors of Ceiba and Naguabo and by the President of the Senate and the Speaker of the House of Representatives shall be persons of known experience in one of the following areas:
(1) Planning;
(2) commercial, tourism, residential or institutional development;
(3) real estate;
(4) administration of tourist or recreation facilities, or
(5) management of infrastructure projects.
Of the members designated by the Governor, one shall be designated for an initial term of one year, another for an initial term of two years and the other for an initial term of three years until their successors are appointed. When their terms have concluded, the latter or their successors to be designated by the Governor shall become members of the Board for a term of three (3) years until their successors are appointed.
The members designated by the Mayors of Ceiba and Naguabo and by the President of the Senate and the Speaker of the House of Representatives shall hold said office for a term of two years until their successors are appointed.
Any vacant position on the Board held by the members designated by the Governor, by the Mayors of Ceiba and Naguabo and by the President of the Senate and the Speaker of the House of Representatives that arises before the term of said position has expired shall be covered by a new appointment for the unfinished term.
The Board shall choose from among its members a vice chairperson, who shall substitute [for] the Chairperson in his/her absence, as well as a secretary.
(b) A majority of the active members of the Board shall constitute quorum for all purposes and the agreements shall be reached by a majority of those present. Any necessary or permitted action taken at any meeting of the Board or by any committee of the Board shall be authorized without the need of a meeting provided all members of the Board or of a committee of the Board, as the case may be, give their written consent to said action, except when the regulations of the Board so prohibit or restrict. In such a case the written document shall be included in the minutes of the Board or of the committee of the Board, as the case may be. The members of the Board or of any committee of the Board may participate in any meeting of the Board or of any committee of the latter, respectively, through telephone conference or through any other communications medium, through which all participants in the meeting may be heard simultaneously, except should the regulations of the Board provide otherwise. Participation of any member of the Board or of any committee of the latter in the manner described above shall constitute attendance to said meeting.
(c) The members of the Board who are officials of the Government of the Commonwealth of Puerto Rico or of its dependencies, including the municipalities shall not receive any compensation for their services. All other members shall be entitled to receive compensation as per diem for each day of session they attend and to be reimbursed for the expenses they may incur while performing any task entrusted to them by the Board or its Chairperson. The per diem shall be the same as that established for the members of the Legislature. The members shall also be entitled to be reimbursed for the travel expenses necessarily incurred while in the performance of their official duties according to the applicable regulations of the Department of the Treasury.
(d) The Board, its Executive Director and the officials, agents or employees of the Authority shall not incur any civil liability for any action or omission while in the performance of their duties, except when conduct which constitutes a crime or crass negligence are involved.
(e) The Board shall have, without it being construed as a limitation, the following duties and powers:
(1) Establish the general policy of the Authority to comply with objectives of this chapter;
(2) authorize the work plan and annual budget of the Authority;
(3) appoint the Executive Director of the Authority, establish his/her duties and powers in harmony with the provisions of this chapter and fix his/her compensation;
(4) adopt and approve rules and regulations to govern its internal operations as well as those needed to put into effect the duties and powers conferred under this chapter;
(5) require from the Executive Director or from any other official or employee of the Authority the reports and statistical data deemed necessary;
(6) delegate on any committee of the Board or on the Executive Director any of the powers and duties of the Board under this chapter, and
(7) take any action deemed convenient or necessary to achieve the purposes of the Authority pursuant to the provisions of this chapter.
History —Sept. 29, 2004, No. 508, § 4.