P.R. Laws tit. 22, § 194
The powers of the Authority shall be exercised and its general policy and strategic management shall be determined by a Governing Board, hereinafter the Board.
(a) Appointment and Composition of the Board.— The Governor of the Commonwealth of Puerto Rico shall appoint, with the advice and consent of the Senate, six (6) of the nine (9) members who shall compose the Board. The three (3) remaining members shall be representatives of customers selected in accordance with the procedure provided in this section. The six (6) members appointed by the Governor shall be selected from a list of at least ten (10) candidates to be prepared and submitted to the Governor by a recognized executive search firm for board of director recruitment for institutions of similar size, complexity, and risks as the Authority. The identification of candidates by such firm shall be based on objective criteria such as educational and professional background, and at least ten (10) years of experience in their field. The educational and professional background criteria shall include at least the following fields: electrical engineering, business administration, economics and finances, or law. The list shall include, to the extent practicable, at least five (5) residents of Puerto Rico. One (1) of these six (6) members shall be considered a “transition member” whose term of office shall expire at the time a vacancy arises in the office of one (1) of the Board members representing the interests of residential customers holding office as of the approval of this act. The Governor, at his/her full discretion, shall evaluate the list of recommended candidates and select six (6) persons from the list. If the Governor rejects any or all the recommended persons, said firm shall submit another list within the next thirty (30) calendar days. Board members representing the interests of residential customers at the time of the approval of this act shall remain in their office until the terms for which they were elected expire. As soon as the office of one (1) of these members becomes vacant, such member shall not be substituted. However, the term of office of the transition member of the Board shall also expire, so that the Board may continue operating with five (5) independent members, and two (2) representatives of customers” interests, as provided in this section. The members of the Governing Board representing the customers shall be selected by means of an election to be supervised by the Department of Consumer Affairs (DACO, Spanish acronym) to be held in accordance with the procedure provided in this section. The Authority shall provide the facilities as well as the financial resources needed for such purposes. Of the two (2) members elected, one (1) shall represent the interests of residential customers and one (1) shall represent the interests of commercial and industrial customers, and each shall serve for a three (3)-year term. The members appointed by the Governor shall serve for staggered terms, to wit: three (3) members shall hold office for five (5) years and two (2) members for six (6) years. As the terms of office of the five (5) Board members appointed by the Governor expire, the Governor shall appoint their successors for five (5)-year terms, following the same candidate identification mechanism described above. None of the members appointed by the Governor may hold such office for more than three (3) terms. The mechanism for candidate identification by a recognized executive search firm shall be in effect for fifteen (15) years, after which the Legislative Assembly shall evaluate whether such mechanism shall continue in effect or is rendered ineffective. If the Legislative Assembly renders such mechanism ineffective, it shall determine the new appointment method to be used. The mechanism provided in §§ 191—217 of this title shall continue in effect until the Legislative Assembly provides otherwise.
All Board members shall meet the director independence requirement under the New York Stock Exchange (NYSE) Corporate Governance Standards; provided, however, that being a customer of the Authority shall not constitute a lack of independence. The provisions of § 1858 of this Title 3 shall not apply to Board members.
Any vacancy in the office of the members appointed by the Governor shall be filled by appointment of the latter, for the unexpired term of the original appointment in the same manner in which they were originally selected, to wit, with the advice and consent of the Senate upon submittal of a list of at least ten (10) candidates by a recognized executive search firm for institutions of similar size, complexity, and risks as the Authority. The identification of candidates by such firm shall be based on objective criteria such as educational and professional background, and at least ten (10) years of experience in their field. The educational and professional background criteria shall include at least, the following fields: electrical engineering, business administration, economics and finances, or law. The list shall include, to the extent practicable, at least five (5) residents of Puerto Rico. The Governor may use the latest list submitted for his/her consideration whenever it is necessary to fill a vacancy arising as a result of the resignation, death, disability, or substitution outside of the original term of the member being substituted. The designation of a substitute shall be made within six (6) months after the vacancy occurs. However, any vacancy in the office of the members elected to represent customers shall be filled in accordance with the election process regulated by DACO, within one hundred twenty (120) days after the date on which the vacancy occurred, and a new three (3)-year term shall begin to run.
No person shall be appointed to fill a vacancy in the Board during the electoral prohibition period, unless it is an essential requirement for the Board to have a quorum. In these cases, such appointment shall expire on January 1st of the following year. Given the terms and mutual commitments as well as the urgency of implementing the Authority’s restructuring, this prohibition shall not apply to the electoral prohibition period applicable to the year 2016.
In addition to the independence requirements under the New York Stock Exchange (NYSE) Corporate Governance Standards that shall apply to all Board members, no person may become a Board member (including the members representing customers’ interests) if he/she: (i) is an employee, retiree, or has any direct or indirect substantial economic interest in any private company with which the Authority has entered into contracts or with whom it engages in transactions of any kind, including borrowing money or providing raw material; (ii) within three (3) years before holding office, has had a business relationship with or any interest in any private company with which the Authority has entered into any contracts or with whom it engages in transactions of any kind; (iii) is an employee, member, advisor, or contractor of the Authority’s labor unions; or (iv) has failed to provide a certification of having filed income tax returns during the five (5) preceding taxable years, a certification of having no outstanding debt issued by the Department of the Treasury, a certification of having no debts outstanding with the Authority, a Certificate of Criminal Record issued by the Puerto Rico Police Department, as well as negative certifications of the Child Support Administration (ASUME, Spanish acronym) and the Municipal Revenues Collections Center (CRIM, Spanish acronym) or has failed to meet all other requirements applicable to any person interested in becoming a public official.
No Board member may be a public employee, except for professors of the University of Puerto Rico system.
Board members shall receive for their services the compensation determined by the Board unanimously. If unanimity cannot be reached, then the Governor shall determine the compensation of the members. Such compensation shall be comparable to that earned by Board members in energy utility companies of similar size, complexity, and risks as the Authority, taking into account the nature of the Authority as a public corporation of the Commonwealth of Puerto Rico and, in any case, that is sufficient to attract qualified candidates.
The Board’s compliance with the industry’s governance standards shall be evaluated every three (3) years by a recognized consultant with expertise in the matter and broad experience providing advice to boards of directors of entities whose income, complexity, and risks are similar to those of the Authority. Said report shall be submitted to the Governor. The executive summary with the findings and recommendations of said report shall be published by the Authority.
(b) Organization of the Board; quorum; designation of the Executive Director.— The new Board appointed in accordance with the “Electric Power Authority Revitalization Act” shall not be deemed to be constituted or make any decision whatsoever until the Governor has appointed and the Senate has confirmed, in accordance with the procedures established in §§ 191--217 of this title, at least five (5) of the independent members and at least one (1) of the representatives of customers is elected and present. The remaining members shall be appointed and begin serving on or before July 1st, 2016. The Board existing as of the approval of the “Electric Power Authority Revitalization Act” shall continue carrying out its duties until the new Board is constituted as provided above. Within thirty (30) days after its appointment, the Board shall meet, organize, and select its Chair and Vice-Chair. At that same meeting, it shall appoint and fix the compensation of an Executive Director, and shall also appoint a Secretary, neither of whom shall be a member of the Board. The works of the Board may be carried out in one (1) or more working committees, whose composition and duties shall be determined by the Chair of the Board.
The Board may delegate to the Executive Director or other officials, agents, or employees of the Authority such powers and duties as it may deem appropriate. The Executive Director shall be the executive officer of the Authority and shall be responsible for the implementation of its policy and the general supervision of the administrative and operational phases of the Authority.
The Board shall be empowered to contract, through the Executive Director, any independent advisors needed from time to time to carry out its duties under §§ 191--217 of this title in the best manner possible. The Authority shall have a general auditor who shall be an employee of the Authority, but who shall report his/her findings directly to the Board, have independent judgment, provide the Board with the necessary information, and periodically meet with the Audit Committee created by virtue of §§ 191--217 of this title. While the Board is composed of nine (9) members, five (5) members shall constitute a quorum for holding meetings; when the Board is composed of seven (7) members, four (4) members shall constitute a quorum, and all Board agreements shall be reached by not less than a majority of the members present at the meeting where a quorum has been constituted (even if one of the board members present disqualifies him/herself.) Notwithstanding the foregoing, it shall always be required for constituting a quorum that the majority of directors constituting a quorum be independent directors. A quorum shall be constituted at the beginning of a meeting and said quorum shall not be broken even if one of the members leaves a meeting after it began. However, no decision shall be made if there is no quorum when the vote is taken.
As of July 1st, 2014, regular and special meetings of the Board shall be simultaneously broadcasted on the Internet and subsequently posted on the Authority’s website, except for those meetings or portion thereof when the following subjects are discussed: (i) confidential information in accordance with the Rules of Evidence of Puerto Rico; (ii) information related to collective bargaining, labor-related disputes, or personnel-related issues such as appointments, evaluations, disciplinary actions, and dismissal; (iii) ideas with regard to the negotiation of potential Authority contracts or to a determination to rescind or terminate contracts in effect; (iv) information of strategies regarding lawsuits of the Authority; (v) information of internal investigations of the Authority while these are still being conducted; (vi) aspects regarding the intellectual property of third parties; (vii) trade secrets of third parties; (viii) issues that the Authority should keep confidential in accordance with any confidentiality agreement; or (ix) matters of public security involving threats against the Authority, its property or employees. Likewise, Board members and individuals participating at meetings not broadcasted due to the aforementioned reasons shall keep the matters discussed in said meetings confidential until there is no longer a need for confidentiality or they are required by law to disclose such information. To the extent possible, such meetings shall be broadcasted live at the commercial offices of the Authority, and the recording thereof shall be available on the Authority’s website on the business day following the meeting. Any recording shall be readily available on the Authority’s website for at least six (6) months after the date on which it was initially posted. Once such term elapses, recordings shall be filed in a place where the citizenry may access them for further review.
The Authority shall notify on its website and its commercial offices, the schedule of the regular meetings of the Governing Board along with the agenda of both the last and the next Board meetings. Furthermore, the minutes of the work carried out during regular and special meetings of the Board shall be posted on the Authority’s website, once these are approved by the Board in a subsequent meeting. Prior to posting such minutes, the Board shall also approve the version of each minute to be published, deleting: (i) confidential information in accordance with the Rules of Evidence of Puerto Rico; (ii) information related to collective bargaining, labor-related disputes, or personnel-related issues such as appointments, evaluation, disciplinary actions, and dismissal; (iii) ideas relating to the negotiation of potential Authority contracts or a determination to rescind or terminate contracts in effect; (iv) information of strategies regarding lawsuits of the Authority; (v) information of internal investigations of the Authority while these are still being conducted; (vi) aspects regarding the intellectual property of third parties; (vii) trade secrets of third parties; (viii) issues that the Authority should keep confidential in accordance with any confidentiality agreement; or (ix) matters of public security involving threats against the Authority, its property or employees. The Secretary shall propose, for the Board’s approval, the text of the minutes and the text to be deleted from the version to be published. It shall be understood as ‘minute’ a written account of the matters transacted, addressed, or agreed on by the Board.
In the case of a conflict between the provisions of this section and the provisions of §§ 9081 et seq. of Title 3, directing all the public corporations and instrumentalities of Puerto Rico to broadcast their Boards’ meetings on their websites, the provisions of §§ 191--217 of this title shall prevail.
The Authority shall post on its website all contracts, including the exhibits and attachments thereof, executed by the Authority, stating in detail the parties, purpose, and object of said contracts. Contracts shall be published within ten (10) calendar days upon the execution thereof. The Authority shall publish all contracts even if these are exempt from being filed with the Office of the Comptroller of the Commonwealth of Puerto Rico. However, the Authority may redact confidential information, such as the social security number of the contractor, information constituting trade secrets, or issues similar to those listed above which would not be disclosed if they were not discussed at a Board meeting.
At least once a year, the Board shall hold a public meeting to answer questions and address the concerns of customers and the citizenry in general. People attending such meeting may ask questions to the members of the Board about issues related to the Authority. Such meeting shall be notified at least five (5) business days in advance in a newspaper of general circulation and on the Authority’s website. Board members who represent customers may call additional public meetings with the people they represent in accordance with their duties as Board members. Such meetings shall be coordinated with the Chair of the Board.
(c) Procedure to elect representatives of customers’ interests.—
(1) DACO shall approve regulations to implement the election procedure provided in this section. Said regulatory procedure shall comply with the provisions of the Uniform Administrative Procedures Act, §§ 2101 et seq. of Title 3, and the contents thereof shall be consistent with §§ 191—217 of this title.
(2) On or before one hundred twenty (120) days prior to the expiration of the term of each representative of customers’ interests in the Governing Board of the Electric Power Authority, the Secretary of DACO shall issue a notice of elections, whereby the requirements to be nominated as a candidate under the categories of representative of residential customers’ interests and representative of commercial or industrial customers’ interests shall be specified. The notice of election shall be published by means of media advertisement, on the Authority and DACO’s websites, and mailed to customers along with the Authority’s bill.
(3) The Secretary of DACO shall design and distribute the Request for Nominations form, in which every person aspiring to become a candidate shall state under oath, his/her name, personal circumstances, street and mailing address, telephone number, place of work, profession, relevant work experience, education, and PREPA account number. The form shall also provide that, once the candidates are elected, they shall submit sufficient information attesting to their compliance with the New York Stock Exchange Corporate Governance Standards. The request for nomination as representative of residential customers’ interests shall include the signature of at least fifty (50) residential customers, along with their name, address, and PREPA account number, who endorse the nomination of the aspirant. The request for nomination as representative of commercial or industrial customers’ interests shall include the name, address, and PREPA account number of at least twenty-five (25) commercial or industrial customers. Furthermore, aspirants shall submit a letter bearing the letterhead and signature of one (1) official of each commercial or industrial customer certifying the endorsement of such aspirant. Such request forms shall be available on the Authority and DACO’s websites to be filled out on digital format by aspirants.
The Secretary of DACO shall include in the regulations a mechanism to validate endorsements pursuant to the purposes of §§ 191--217 of this title. The regulations shall provide that the results of the endorsement validation process shall be certified by a notary. Likewise, such regulations shall include the requirements to be met by candidates in accordance with §§ 191--217 of this title and other applicable laws. Every candidate must be a bona fide Authority customer.
(4) On or before ninety (90) days prior to the expiration of the term of each representative of customers’ interests, the Secretary of DACO shall certify as candidates the seven (7) nominees under each one of the two customer interests representative categories who have submitted the highest number of endorsements and have met all other requirements established in this subsection. Provided, That each one of the selected candidates may designate a person to represent him/her in the process and during canvassing.
(5) On or before sixty (60) days prior to the expiration of the term of each representative of customers’ interests, the Secretary of DACO, in consultation with the Secretary of the Authority’s Governing Board, shall proceed with the design and printing of ballots, and the canvassing. The design of the ballot for the representative of residential customers’ interests shall include a space for the signature of the customer casting the vote and a space for the residential customer to write his/her account number and the mailing address where the Authority’s electricity bill is received. The ballot for the representative of commercial or industrial customers’ interests shall include a space where the customer shall write his/her account number, and where the name, title, and signature of an officer authorized to cast the vote in representation of said customer shall be included. The ballot shall advise that the vote shall not be counted if the customer fails to sign or write his/her account number on the same.
(6) Ballots shall be distributed by mail along with the electricity bill to each customer. In the case of customers who receive their bills electronically, they shall receive a ballot at the mailing address registered under the account. The invoice or the envelope where the ballot is included shall also contain a prepaid and self-addressed envelope to the address established by DACO for the receipt of envelopes. However, prior to commencing the distribution of ballots by mail, the official designated by DACO shall certify the number of printed ballots under oath before a notary. The number of printed ballots shall be equal to the number of customers entitled to vote in the election, plus five percent (5%). Likewise, the official designated by DACO shall keep a record of ballots sent and, once the distribution process concludes, he/she shall certify the number of sent ballots under oath before a notary.
(7) Each one of the candidates selected for each one of the two customer interests representative categories shall designate one person to represent him/her during the process, and such persons, together with a representative of the Secretary of DACO and a representative of the Secretary of the Board shall compose the Election Committee, which shall be chaired and directed by the representative of the Secretary of DACO.
(8) The Election Committee shall prepare and post prominently on the Authority’s website any information of the candidates that enable customers to pass judgment on such candidates” abilities.
(9) The Election Committee shall enter into public service collaboration agreements with the different mass communication media in Puerto Rico to promote the election process among PREPA’s customers and to introduce all aspirants, under equal conditions.
(10) The Election Committee, within ten (10) days after the deadline to receive ballots, shall begin the canvassing and notify the results thereof to the Secretary of DACO, who shall certify the candidates-elect and notify such certification to the Governor of the Commonwealth of Puerto Rico and the Chair of the Board.
(d) Role of the Board; code of ethics; fiduciary duties.—
(1) Role of the Board.— The main role of the Governing Board is to lead the strategic management of PREPA and, at the same time, delegate to the Executive Director the administrative duties and works of the public corporation. The following are among the duties and responsibilities of the Board:
(A) Define, in collaboration with the Executive Director, the strategic management of PREPA, its top priorities and values, and oversee compliance therewith, without involving itself in the daily administrative affairs of PREPA, which are delegated to the Executive Director. Each value and goal shall be linked to performance benchmarks and objectives, and mechanisms to oversee compliance therewith.
(B) Develop, update, and devise policies that are consistent with the duties, roles, and responsibilities of the members of the Board and its support personnel in order to ensure an effective governance and oversight of the public corporation, according to the best practices of governance of electric power companies.
(C) Develop and keep a clear and transparent accountability framework. To such purposes, the Board shall establish the expectations and assess the performance results of its members, the Executive Director and his/her staff, ensuring that they are consistent with PREPA’s mandate policies, goals, and values, and the best industry practices.
(D) Give instructions to PREPA’s officials and employees to ensure compliance with PREPA’s mission, policies, goals, and values. Provided, that no member of the Board may give instructions on an individual or personal manner to PREPA’s employees. Any instruction shall be given by the whole Board and abide by a determination or instruction of said body.
(E) Establish and maintain updated a participatory and dynamic governance model, for which it shall study and use as reference the best industry practices and the governance models of comparable electric power companies.
(F) Implement the operational measures and savings specified in the Creditors’ Agreement in relation to each one of the items included therein, as well as any other identified savings and opportunities, comply with the Authority’s rate as authorized by the Commission, and achieve operational efficiency, as well as the diversification and modernization needed to provide customers with reliable energy at the lowest reasonable cost.
(G) Within one year after its constitution, approve bylaws establishing the mission, vision, values, and corporate strategy of the Authority in accordance with Act No. 83, supra, and the Creditors’ Agreement. The Board shall update such document annually, to the extent necessary.
The Board shall hire advisors as are necessary to properly carry out its duties.
(2) Code of ethics.— The Board shall adopt a Code of Ethics that shall govern the conduct of its members and staff. Among its objectives, the code of ethics shall require that the conduct of the members of the Board and its staff be governed at all times by the public interest and the interest of customers, and the best practices of the energy industry, and not by the pursuit of personal gain or profits for other natural or juridical persons; require and oversee that there is no conflict of interests and immediately clarify any apparent conflict of interests that may call into question the loyalty and fiduciary duty of the members of the Board and its staff with the interests of the Authority and of its customers; require that every Board member shall be duly prepared to attend regular and special meetings, and be able to deliberate on the Authority’s matters; and provide the tools to prevent, orient, guide, and adjudicate on all that pertains to compliance with the ethical duties and responsibilities of all individuals regulated by the code of ethics of the Board. In addition, the code of ethics shall be designed in accordance with the best governance practices of the electric power industry and consistent with the applicable ethical rules, such as the provisions of §§ 1854 et seq. of Title 3, also known as the “Puerto Rico Government Ethics Act of 2011”.
(3) Fiduciary duties.— All actions of the Board and its members shall be governed by the highest duties of loyalty, due care, competence, and diligence for the benefit of the Authority and the public interest of providing an essential public service of quality to customers through just and reasonable rates consistent with sound fiscal and operational practices that provide for an adequate service at the lowest reasonable cost to ensure the reliability and safety of the System. Members shall not represent any creditor nor interests other than those of the Authority.
(e) Audit Committee.—
(1) Creation.— As of July 1, 2014, the Board shall appoint an Audit Committee composed of three (3) members of the Board, one of which shall be the Chair of the Committee.
(2) Duties.— The Committee shall have the following duties:
(A) Adopt statutes that shall govern its duties and responsibilities using the best practices in Audit Committees at the national and/or international level;
(B) choose, determine the compensation, and supervise the works of independent external auditors of PREPA;
(C) Conduct or authorize investigations in connection with any issue of PREPA’s management or employees;
(D) require any information, including oral testimonies or documents needed to carry out its duties;
(E) meet regularly and periodically with the management and administrators to keep abreast of the operations and transactions of PREPA; and
(F) Implement the operational measures and savings specified in the Creditors” Agreement in relation to each one of the items included therein, as well as any other identified savings and opportunities, comply with the Authority’s rate as authorized by the Commission, and achieve operational efficiency, as well as the diversification and modernization needed to provide customers with reliable energy at the lowest reasonable cost.
(G) Within one year after its constitution, approve bylaws establishing the mission, vision, values, and corporate strategy of the Authority in accordance with Act No. 83, supra, and the Creditors” Agreement. The Board shall update such document annually, to the extent necessary.
(f) Performance and conduct.— Without limiting the general provisions regarding improper conduct, as well as ethical and fiduciary duties provided for in §§ 191—217 of this title, including the confidentiality duty provided in subsection (b) of this section, no independent member of the Board shall:
(1) Contribute money or make contributions either directly or indirectly to political organizations, candidates or parties while holding office;
(2) seek political office or engage in a political campaign to hold or support someone who runs for an elective public office or any position in the management or organization of a political party or to participate in partisan political campaigns of any kind while holding office;
(3) make public statements, comments, or remarks regarding partisan political issues or acts while holding office;
(4) coerce, obligate, command, or require other Board members, officials, or employees to make financial contributions or carry out or engage in partisan political activities while they are on duty, or
(5) solicit while on duty, or coerce, obligate, or require other Board members, officials, or employees to vote or further the political interests of his/her party or candidate of preference.
The Governor may dismiss any Board member for the following reasons:
(1) Engaging in the conduct prohibited in the preceding paragraph;
(2) incompetence, clear professional inability, or negligence in the performance of functions and duties;
(3) immoral or unlawful conduct;
(4) being convicted of a felony or misdemeanor involving moral depravity or crimes against the public treasury or function;
(5) clear abuse of the Authority or of the discretion bestowed upon him/her under this or any other act;
(6) wanton and willful obstruction of the works of the Board;
(7) destruction of the Authority’s property;
(8) work under the influence of alcohol or controlled substances;
(9) fraud;
(10) violations of the Puerto Rico Government Ethics Act, §§ 1854 et seq. of Title 3;
(11) abandonment of duties, or
(12) failure to meet the requirements to become a member of the Board, as provided in this chapter.
Board members may also be removed from office due to physical or mental disability which prevents them from performing their duties; in this case it shall not be considered a dismissal.
Without impairment to the constitutional authority of the Legislative Assembly to oversee the operations and performance of the agencies, instrumentalities, and public corporations of the Government of the Commonwealth of Puerto Rico, the Legislative Center for Fiscal Analysis and Innovation, created under §§ 1021 et seq. of Title 2, is hereby authorized to conduct an evaluation every two (2) years of the performance of the Board and make recommendations with regard to the potential dismissal of any of the members thereof for noncompliance with his/her duties and responsibilities. The results of said evaluation shall be filed with the Office of the Clerk of the House of Representatives and the Office of the Secretary of the Senate every two (2) years, to be counted as of the effective date of this act, but not later than February 1st.
(g) Responsibility of Board members and officials.— Without impairment to any rights granted under §§ 3077 et seq. of title 32, known as the “Act on Claims and Lawsuits Against the Commonwealth”, no present or future member of the Board, official, agent, or employee of the Authority shall be held civilly liable for any action taken in good faith in the discharge of his/her duties and responsibilities under §§ 191—217 of this title, unless it is established that he/she engaged in conduct constituting an offense, deceit or gross negligence, nor shall be liable for any costs incurred in relation to any claim for which they enjoy immunity as provided herein. Furthermore, the Board, any of its individual directors, as well as any official, agent, or employee of the Authority shall be indemnified for any civil liability adjudicated under the laws of the United States of America, unless it is established that he/she engaged in conduct constituting an offense, deceit, or gross negligence.
(h) Interference with administrative function.— No elected official of the Executive or the Legislative Branch or of the municipalities may, directly or indirectly, interfere in the performance or decision-making duties of the Board or the executive officers of the Authority, including, but not limited to interfering to affect the result or decisions of the executive officers or the Board on labor relations disputes or determinations; human resources decisions such as appointments and compensations; collective bargaining agreements; determinations in connection with rate review, contracting, service disconnection; determinations regarding the content or implementation of the capital improvement program, and other operational matters or inherent functions of the executive officers and the Board. Moreover, no such elected officials shall interfere in the processes and decision making of the Energy Commission, except in the case of a formal communication or notification of such official as part of his/her official duties and/or whenever his/her interference is necessary to protect life, property, or public safety during emergencies.
History —May 2, 1941, No. 83, p. 684, § 4; Apr. 8, 1942, No. 19, p. 330, § 1; June 17, 1966, No. 62, p. 203, § 1; May 25, 1973, No. 36, p. 102, § 1; Feb. 1, 1979, No. 3, p. 7; Aug. 13, 1994, No. 84, § 1; May 23, 1995, No. 47, § 2; Dec. 30, 2010, No. 222, § 1; May 27, 2014, No. 57, § 2.3; Feb. 16, 2016, No. 4, § 5; June 25, 2013, No. 29, § 1.