2023 Laws of Puerto Rico › TITLE TWENTY-TWO - Public Works (§§ 1 — 1104) › Chapter 11 - Puerto Rico Electric Power Authority (§§ 191 — 240) › § 195 - Executive Director; Executive Officers

(a) The Executive Director shall be appointed by the Board exclusively on the basis of experience, capability, and other qualifications best suited to achieve the purposes of the Authority. The Executive Director may be dismissed by the Board, at its discretion. No person may become Executive Director if he/she 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 outstanding debts with the Authority, a Certificate of Criminal Record issued by the Puerto Rico Police Department, as well as a negative certificate of debt issued by the Child Support Administration (ASUME, Spanish acronym) and the Municipal Revenues Collections Center (CRIM, Spanish acronym).
(b) Creation and designation of executive officers.— In addition to the position of Executive Director, the Board shall create or designate the positions of other executive officers as are necessary; such positions shall be for the term and have all those other employment conditions deemed necessary according to the office, to carry out the purposes and duties of the Authority. Among the executive officers there shall be included the members of the upper and middle management holding positions that, due to their relevance, the Board determines should be governed by the provisions of this section. The Executive Director shall select persons who have the capability and professional experience required by each position according to objective criteria defined by the Board. Personnel transactions involving executive officers shall be governed, wherever §§ 191—217 of this title does not provide therefor, by the rules applicable to the private sector. The compensation of executive officers shall be comparable to that received by professionals holding similar positions in electric utility companies of similar size, complexity, and risks as the Authority, and may be dismissed by the Executive Director or the Board, at their discretion, with or without cause, but shall never be dismissed for discriminatory reasons.
(c) Performance and conduct.—
When evaluating the selection and the annual performance of the individuals holding executive officer positions, the Board, in the case of the Executive Director, and the Executive Director, in the case of all other executive officers, shall be guided by criteria such as experience, education, professionalism, competence in the discharge of his/her duties, effective performance, and any other criteria clearly defined by the Board. Without limiting the general provisions regarding improper conduct provided in §§ 197—217 of this title, neither the Executive Director nor any other executive officer 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.
History —May 2, 1941, No. 83, p. 684, § 5; Apr. 8, 1942, No. 19, p. 330, § 1, eff. 90 days after Apr. 8, 1942; May 27, 2014, No. 57, § 2.4; Feb. 16, 2016, No. 4, § 6.