2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART V - Municipal Development (§§ 5001 — 5216) › Chapter 122 - Martín Peña Canal Special Planning District Integrated Development Act (§§ 5031 — 5066) › § 5034 - Martín Peña Canal ENLACE Project Corporation—Board of Directors

(1) The Board of Directors of the Corporation shall be composed of at least eleven (11) persons of proven capability and leadership, six (6) of which shall be appointed by the Governor and five (5) by the Mayor of the City of San Juan. Two (2) of the members appointed by the Governor and one (1) of the members appointed by the Mayor shall be appointed for four (4) years; two (2) of the members appointed by the Governor and two (2) of the members appointed by the Mayor shall be appointed for five (5) years; and two (2) of the members appointed by the Governor and two (2) of the members appointed by the Mayor shall be appointed for six (6) years; their successors and any other additional members shall be appointed for six (6) years. By recommendation of the Board, the number of members may be increased up to fifteen (15), in which case the participation of community representatives shall be, at least, forty-five percent (45%) of the membership. One half of the new appointments shall be made by the Governor and the other half by the Mayor of San Juan. In case of a vacancy, prior to the expiration of the term of an incumbent, a successor shall be appointed for the remainder of said term. The initial members of the Board of Directors shall be appointed within a term not to exceed forty-five (45) days after the approval of this act. The members of the Board of Directors shall remain in office until their successors are appointed and take office.
(2) The Board of Directors shall elect a Chairperson from among its members and designate a Secretary of Records. The quorum for holding meetings in which binding agreements are adopted shall be a majority of the members holding office in the Board of Directors. Decisions shall be made by a majority of members, provided there is a quorum, except for those decisions that the Board itself provides through regulations that must be made by a qualified majority of the directors in office. The Board of Directors shall render an annual report to the Governor and the Legislative Assembly on the projects carried out in the District.
(3) The members of the Board of Directors shall not receive compensation. The expenses they incur in the discharge of their duties may be reimbursed pursuant to the regulations adopted by the Board of Directors. Members of the Board of Directors shall be governed by the Puerto Rico Government Ethics Act, but shall not be required to render the financial reports required by said act, with the exception of public officials appointed to the Board who are already required to render such reports. The participation of members of the Board of Directors who are also District residents in decisions that benefit the community in general shall not be deemed to be a conflict of interests.
(4) Five (5) members of the Board of Directors (two (2) of the members appointed by the Governor and three (3) of the members appointed by the mayor), shall be residents of the communities that constitute the District or the Cantera Peninsula, and shall originate from three candidates that shall be nominated by the G-8 for each position. The community representatives must have been bona fide residents of the District or the Cantera Peninsula for a term of not less than [three] (3) years prior to their appointment and shall not have held or sought to hold any elective public office for an equal term. While members of the Board, they shall not hold or seek any elective public office, and shall remain residents of the District or the Cantera Peninsula.
(5) Three (3) members of the Board of Directors (two (2) of the members appointed by the Governor and one (1) appointed by the Mayor), shall represent the private sector, at least one of them preferably from the private nonprofit sector. In making such appointments, the appointing authority shall take into account the recommendations of the G-8. Private sector representatives may not hold or seek any elective public office during the years in which they are members of the Board, nor have any conflict of interests with the ENLACE Project. They shall have, among other qualities, social recognition for their track record in the execution of programs and projects with goals similar to those of the ENLACE Project; knowledge of, or familiarity with, the ENLACE Project and its implications; and show sensitivity toward community development processes.
(6) Three (3) members of the Board of Directors (two (2) appointed by the Governor and one (1) appointed by the mayor), shall represent the public sector, and may delegate their participation, with voice and vote, to capable representatives, who shall answer directly to the members for whom they stand in. Those representing the public sector shall have the following characteristics:
(a) Knowledge of, or familiarity with, the ENLACE Project and its implications.
(b) To be in a position, and have the authority, to make decisions and establish commitments on behalf of the central Government or the municipality, whichever may apply.
(c) To be able to coordinate with the corresponding public agencies of the Central Government or the municipality those actions that require the intervention thereof.
(d) To be knowledgeable about governmental structure and institutional processes.
(e) Must not be a candidate to any public elective office during the years of membership.
(f) Must be [sensitive] with respect to community development processes.
(g) Must have academic studies or experience in one (1) or more of the following areas as relevant to the implementation of the ENLACE Project: socio-economic development, urban development, environmental management and conservation, housing development, and planning.
(7) The members of the Board of Directors may be removed by the Governor or by the Mayor of San Juan, as the case may be, according to the source of their appointment, for just cause after charges preferred and the opportunity to be heard.
(8) The Board of Directors shall have the following responsibilities:
(a) To be responsible for the achievement of the objectives of the Corporation.
(b) To supervise the proper operations of the Corporation.
(c) To approve and adopt bylaws to govern the work, deliberations and execution of its functions in accordance with the provisions of this chapter.
(d) To appoint an Executive Director of the Corporation and to appoint or authorize the appointment of its other officers and employees.
(e) To ensure through creative operating procedures that the primary responsibility for the success of the Martín Peña Canal development project considered in this chapter falls upon the private sector, jointly with the public sector, and the communities that constitute the District.
(f) To manage the Fund for the Development of the Martín Peña Canal ENLACE Project, created in § 5055 of this title.
History —Sept. 24, 2004, No. 489, § 5; Aug. 14, 2013, No. 104, § 5.